YOGITABEN MAYANKBHAI SAILOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner - original accused No.4 to quash and set aside the impugned First Information Report being CR No.I-197 of 2010 registered with Kamrej Police Station, Surat for the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code.

(2.) The respondent No.2 - original complainant has lodged the impugned First Information Report against the petitioner and others for the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code alleging inter-alia that the daughter of the complainant has run away with one Mr.Piyush Ratilal Parmar on 9/11/2010 and since then both of them are not traceable. It is further alleged in the said First Information Report that before 10 days when it was found that her daughter visited house of elder sister of said Piyush named Hansaben Jayantibhai, who is residing just opposite to the complainant's house, and she called Hansaben Jayantibhai, Dharmeshbhai Jayantibhai and Yogitaben Mayankbhai (daughter of the Hansaben) at her residence and at that time the aforesaid persons told the complainant that they will see to it that the daughter of the complainant runs away and marries with the said Piyush. That Being aggrieved by and dissatisfied with the impugned First Information Report, the petitioner - original accused No.4 has preferred the present petition under section 482 of the Code of Criminal Procedure.

(3.) Mr.Saiyed, learned advocate appearing on behalf of the petitioner has submitted that as such the petitioner has not committed the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code, as alleged. It is submitted that as such even from the bear reading of the impugned First Information Report it cannot be said that the petitioner has committed the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code, and/or has taken any active participation in running away the daughter of the complainant with Mr.Piyush for marriage. It is further submitted that even on reading the averments and allegations in the impugned First Information Report, no case is made out against the petitioner herein for the offences alleged in the impugned First Information Report against the petitioner herein - original accused No.4. Therefore, it is requested to quash and set aside the impugned First Information Report so far as the petitioner herein is concerned.